ALLSTATE INS. CO. v. ORBAN

No. 91CA1451.

855 P.2d 9 (1992)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant, v. Paul Walter ORBAN, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 21, 1993.

Certiorari Granted July 6, 1993.

Cross-Petition for Certiorari Denied July 6, 1993.


Attorney(s) appearing for the Case

Wayne L. Johnson, Littleton, for plaintiff-appellant.

Miller & McCarren, P.C., J. Kent Miller, Thomas J. Helms, Denver, for defendant-appellee.


Opinion by Judge CRISWELL.

Plaintiff, Allstate Insurance Company, appeals from the summary judgment of the trial court that awarded its insured, defendant, Paul Walter Orban, attorney fees incurred by him in defending against this declaratory judgment action instituted by Allstate. We reverse and remand with directions.

Allstate issued a homeowner's policy to defendant's father. Defendant was an "insured person" under the terms of that policy.

That...

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